AN ACT relating to home medical equipment and services providers and making an appropriation therefor.
Create new sections of KRS Chapter 315 to license home medical equipment and services providers under the Kentucky Board of Pharmacy; define terms; prohibit providing home medical equipment and services without a license; exempt persons engaging in a profession for which they are licensed or registered, including health care practitioners; establish other exemptions for home health agencies, hospitals, manufacturers and wholesale distributors, pharmacists and pharmacies, employees of a licensed entity, hospice programs, skilled nursing facilities, and government agencies; require that a licensed person only provide home medical equipment and services under a medical order from a licensed health care practitioner; set licensure fees for applicants for licensure not to exceed $200 annually or increase more than $25 per year; require providers to maintain adequate records of all home medical equipment and services provided and periodically report to the board as established in administrative regulation; sanction failure to report to the board or willful submission of inaccurate information as grounds for disciplinary action under KRS 315.121; direct the board to establish qualifications for applicants for licensure through promulgation of an administrative regulation; prohibit disclosure under KRS 61.878 of information provided by an applicant to any person or entity other than the board; instruct that a separate license shall be required for each location of a home medical equipment and services provider; obligate a provider to display its license at its place of business; prescribe a renewal fee not to exceed $200 or increase more than $25 per year; direct that a license is only issued for the premises and persons named in an application and shall not be transferrable; authorize the board to grant reciprocity to an out-of-state provider physically located in one of the bordering states; set penalty for providing home medical equipment and services without a license as a Class A misdemeanor with each day of violation as a separate offense; amend KRS 304.17A-005 to include home medical equipment and services provider under the definition for "health care provider" or "provider"; amend KRS 315.121 to conform and designate what unprofessional and unethical conduct includes for a provider; amend KRS 315.191 to authorize the board to oversee and administer the licensure of home medical equipment and services providers and to include on the advisory council individuals representative of the profession of providing home medical equipment and services; amend KRS 315.195 to authorize the board to collect and deposit all fees, charges, and fines, and other moneys owed into the State Treasury to the credit of the trust and agency fund used to carry and be appropriated for these purposes; direct that remaining moneys remaining in the fund shall not lapse; amend KRS 315.005, 315.125, and 315.220 conform; designate legislative purpose; name new sections of KRS Chapter 315 the "Home Medical Equipment and Services Provider Licensure Act"; APPROPRIATION.

HCS/LM/CI - Retain original provisions, except include under the definition of "providing home medical equipment and services" related equipment and supplies and mobility enhancing equipment; mandate that equipment services shall be funded through a third party payor; authorize persons licensed to provide services only if medical equipment carries a legend or requires an order; authorize the board to charge $200 for a license or renewal initially per year that is not to increase more than $25 per year up to a maximum of $400 rather than having the fee capped at $200.